Upgrad LLM

judicial activism some views!

advocate/counsel supreme court

In Golaknath case, CJI Hidayathulla made on 'absolute trend' indeed immortal..'Ours is the only Constitution that seeks to protect itself against itself'!

In fact First indinan Constitutional amendment gave schedule IX yes it was made inactive in 2007 by CJI J K Saabharwal constitution bence in january in IE Coelho v TN, thus it so many years for the SC to set right the constution amendment arbitrariness and the judgement only permitted first 13 or so Acts and No government can bring in a statute which cannot be questioned by courts  means every statute by any government can be questionable by courts!

 
Reply   
 

Judicial activism is a pretension or hypocrisy if the judiciary is in nexus with Legislature or Executive. What good is the judicial activism when Supreme Court says police beating of witness is justified? It means that in politically, monetarily or some way influenced cases police can beat and terrorize to make the witness or accused speak whatever they want. Just read this http://www.lawyersclubindia.com/forum/Supreme-court-justifying-police-beating-of-witnesses-65930.asp


Also now Delhi High Court says that 'by any law made by Parliament' and 'by or under the Constitution' are different. How is this possible? Question arises that can law made by Parliament override or contravene the Constitution? Or is law made by Parliament not under the Constitution, when Parliament itself is the creation of Constitution? Related matter can be read here http://www.tribuneindia.com/2012/20120914/delhi.htm#1

 
Reply   
 


advocate/counsel supreme court

right  you are!


Total likes : 1 times

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

Menu

CrPC MASTERCLASS!     |    x